130 A. 313 | Pa. | 1925
On plaintiff's petition a writ of alternative mandamus was issued to compel defendants to transfer on the books of the company and issue to him a new certificate in his name for one thousand shares of the capital stock of defendant, a corporation created under the laws of the State of Delaware, and engaged as a stock and investment broker with its principal place of business in the City of Pittsburgh. After return and hearing the lower court directed that the transfer be made and a certificate issued to plaintiff. Defendants appealed.
The assignments of error raise two questions: (1) Is mandamus the proper remedy in this State to compel a corporation to register a transfer of corporate stock and issue a certificate to the new owner, and (2) Have the courts of Pennsylvania jurisdiction to entertain mandamus proceedings to compel the transfer of shares of the capital stock of a foreign corporation instituted by the holder of a duly assigned stock certificate of the corporation. *128
The business of defendant is mainly transacted in the City of Pittsburgh, its books, corporate seal and records are there and its president, secretary and treasurer reside in that city. The Act of June 24, 1895, P. L. 258, designates mandamus as the proper remedy to enforce a transfer of corporate stock (Sproul v. Standard Glass Co.,
Judgment affirmed at costs of appellant.